High Court Punjab-Haryana High Court

Kartar Singh & Others vs Piara Singh & Others on 31 July, 2008

Punjab-Haryana High Court
Kartar Singh & Others vs Piara Singh & Others on 31 July, 2008
IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH

                            REGULAR SECOND APPEAL 2182 OF 1993

                            DECIDED ON : July 31,2008

Kartar Singh & others

                                                                ....Appellants

                            Versus

Piara Singh & others

                                                                ....Respondents

CORAM : HON’BLE MR.JUSTICE AJAY TEWARI

Present: Mr.O.P.Nagpal, Advocate, for the appellants

Mr.Narinder Lucky, Advocate,for Mr.G.S.Nagra,

Advocate, for the respondents

AJAY TEWARI, J

This is defendants’ appeal against the judgement of reversal in

a suit filed by the respondents-plaintiffs praying for permanent injunction

restraining the appellants from interfering in the plaintiffs’ possession over the plot

measuing 10 marlas situated in village Sarai Tehsil Ajnala, district Amritsar.

The learned lower appellate Court noticed that there is no

definite plea by the appellants in their written statement and in the absence thereof,

no amount of evidence could be led or looked into. Even otherwise, the learned

counsel for the appellants framed the following questions of law:-

“Whether findings of the Additional District Judge that

Bimla etc. predecessors of plaintiffs-respondents were in

possession of the plot in dispute and they handed over

the possession of the same to the plaintiffs at the time of

execution of sale deed dated 27-06-1989 are based on

misreading of evidence and cannot be sustained.?”

–2–

In my view, the aforesaid question is purely a question of fact and

this Court cannot go into this question.

Consequently, this appeal is dismissed and the suit of the respondents

stands decreed.

Sd/-

[Ajay Tewari]
Judge
July 31,2008
MandeepKaur